Introduction:
The right to a fair trial is the bedrock of Indian justice delivery system and for a just and equal society to prevail it is very essential the accused must be given a fair chance to prove his innocence before the court of law. If the right to a fair trial is parted with then there would be a departure from justice in the society. A state cannot itself demand good and just behaviour from its citizens when it is itself resorting to illegal means and/or is departing from the fair trial, which is the basic right of every accused person and this right is sacred.
This important right which helps to protect the dignity of the accused as a human being is enshrined in various statutes around the globe like in the European Commission of Human Rights[1], The Rome Statute (The Statute of International Criminal Court), The International Covenant on Civil and Political Rights, 1966, etc. The Universal Declaration of Human Rights in its Article 10 has laid down that for every criminal charge that is levied on a person, he’s entitled in the recognition of his equality to a just and fair trial by an independent tribunal which is impartial so as to look at the legal rights and obligations of a person.
In the case of Zahira Habibullah Sheikh and Ors. Vs. State of Gujarat and Ors.[2], the Supreme Court of India has held that “each one has an inbuilt right to be dealt with fairly in a criminal trial. Denial of a fair trial is as much injustice to the accused as it is to the victim and to society. Fair trial obviously would mean a trial before an impartial judge, a fair prosecutor and an atmosphere judicial claim. Fair trial means a trial in which a bias or prejudice for or against the accused, the witness or the cause which is being tried, is eliminated.”
Under the Code of Criminal Procedure, 1973 we in India have adopted an adversary system and it is having its basis in the accusatorial method under which the prosecution is given the responsibility to produce the evidence and to judge is a neutral person having no bias or prejudice and is responsible for conducting a fair trial.
The Supreme Court in the case of Rabindra Kumar Dey vs. State of Orissa[3] has laid down three basic principles of criminal justice as under:
- It is the duty of the prosecution to prove the case beyond reasonable doubt and the weakness or the falsity of the defence’s version cannot be used adversely for the benefit of the prosecution.
- Accused is to be presumed innocent until proven guilty.
- The responsibility of proving the defence as guilty will remain on the prosecution only and will not shift.
The principle of a right to fair trial begins with the moment of suspicion to the execution of the sentence. One of the most important and a fundamental principle of the right to a fair trial is that the proceedings must take place at a court which is competent, independent and impartial. The system of criminal justice is such that accused is being prosecuted by the state and police being a party of the state, it is the duty of the courts and the judicial machinery to ensure that the trial is just and free from the control of any direct or indirect sources[4].
Section 479 of the Criminal Procedure Code, 1973 lays down the most basic principle of natural justice that no person can be a judge in his own case. Therefore, under S. 479, no judge or magistrate hold a trial to which he’s a party or has any other vested interest. Upon obtaining permission from an appellate court a disqualification of this kind can be removed.
Principles of Fair Trial Enshrined in the CrPC
1. Presumption of Innocence
The trial which takes place under the Code of Criminal Procedure must begin with presuming that the person accused of the crime is innocent. The prosecution is under the duty to prove that the person is guilty and unless the prosecution performs its duty beyond a reasonable doubt, the court cannot hold him guilty. This principle is based on the Latin maxim, ei incumbit probation qui dicit, non qui negat, which means that burden of proof lies on the one making assertions and not one the person denying the charges.
The hon. SC in the case of State of U.P. Vs. Naresh and Ors.[5] has held that, “every accused is assumed to be innocent unless his guilt is proved. The presumption of innocence is a human right subject to the statutory exceptions. The said principle forms the basis of criminal jurisprudence in India.”
2. Prohibition of Double Jeopardy
The Section 300 of the CrPC lays down that once a person has been either convicted or acquitted for an offence he’s not to be tried again for the same offence or with regard to same facts but with regard to a different offence. A person cannot plea in the court that he’s being tried for the same offence if there is a fundamental difference between the proceedings of the present case and of the one for which he was already tried and/or convicted. The Supreme Court in a case[6] has put forward the difference between S. 300(1) of CrPC and Article 20(2) of the Constitution, both of which deal with double jeopardy. In the former Section, there’s a prohibition on trying the person and/or convicting the person again for the same offence or even for the same facts and a different offence. The latter Article i.e. 20(2) puts a bar on the person being prosecuted and punished more than once for the same offence. The CrPC by Section 300(1) prohibits a second prosecution.
3. Knowledge of the Accusation
For conducting a fair trial it is really important that the accused person must be made aware of the accusations that have been made against him so that he has a fair chance at defending himself. The CrPC under Ss. 228, 240, 246, 251 lays down that accused, who is brought before the court for the purpose of the trial, he is to be given the details in clear words, of the accusations which have been made against him. The accused must be given the details of the accusations in whichever language he is comfortable with and the court must translate the accusations in all forms, be it, oral or written. Under Section 211, a person must be given specific and precise details of his accusations. Where some serious offences have been committed, the detailed and formal charges must be read and explained to the accused in a lucid manner. The accused, as well as his counsel, have a right to have adequate time and facilities for the preparation of their defence.
4. Right to Open Trial
When we talk about a fair trial, it is essential that it must be held in public in an open court. It is a rule, that a trial must be conducted in the public unless a specific request is there from the parties. Under Sec. 327 of the CrPC, the Courts are to conduct the trial in an open court unless there’s some indecent matter to be disclosed or due to some other reasonable cause, in which case, the magistrate or the judge presiding over the case will have the discretion to deny the access to the general public.
5. Right to Free Legal Aid
The right to have access to free legal aid is a part of the fair trial. Every accused person has the right to be represented in the court and bestows this duty upon the state to provide a counsel in case a person has limited means. This right has its roots in Article 22(1) and then it is also got enshrined under Article 39A of our Constitution after the 42nd Amendment Act, 1976. The sub-section 1 of Section 304 of the Code of Criminal Procedure provides that free legal aid must be provided to a person whose life and liberty is in danger[7]. The Supreme Court in the case of Khatri vs. State of Bihar [8] has held that the right to free trial accrues not just at the trial stage but in the pre-trial stage as well and at the time when a person is remanded also.
6. Speedy Trial
In order to deliver justice in a quick and timely manner the Section 309(1) of the Code of Criminal Procedure provides that the proceedings must take place in an expeditious manner and as soon as the examination of witnesses begins, the proceedings must go on a daily basis unless the witness examination is complete. The delay in justice can be a cause of harassment of the people. The Supreme Court of India in the case of Sada Shiv Manohar Parkar Vs. State of Maharashtra[9], has held that the unnecessary delay in the procedure with the petitioner not being at fault is the exact opposite of the expeditious procedure and reflects poorly on the judicial system. The right to a speedy trial is a fundamental right and an important aspect of Article 21 of the Constitution.
7. Protection Against Illegal Arrest
Under Sec. 50 of the CrPC that as soon as the person is arrested without the warrant, he must be given a detailed account of the grounds for such arrest. In case an arrest has been made without a warrant, then the duty of the police is to act in a swift manner but it is to be taken care that an innocent person is not arrested. The Apex Court in the case of Pranab Chatterjee vs. State of Bihar[10] held that if a person who has been arrested has not been told about his offence then such an arrest and ay further detention would be illegal. The grounds for arrest can be made known either orally or impliedly.
8. Proceedings in the Presence of the Accused
One of the essential principles of the fair trial is that the accused must be present before the court to accept or deny the charges being presented against him[11]. It is the core principle of criminal justice that proceedings should not take place ex parte. The Court must see to it that no harassment is met to the person appearing before the Court. Section 273 of the CrPC lays down that all the proceedings must take place and all the evidence is taken in the presence of the accused and if accused is not present then in the presence of his counsel.
9. Right to Bail
The First Schedule of the CrPC mentions certain offences as bailable offences and bail can be sought in all those offences by virtue of S.436. Bail frees a person from being limited and frees a person from the remand of the police. The bail entails an order for the freedom of movement of a person on certain conditions.
10. Right Against Self Incrimination
The Code as well as the Constitution of India recognize the right of the person and provide protection to the person against self-incrimination. Given the system of law and order in the country, it is a very essential right that every person has i.e. no one can be compelled to testify against them or confess that they are guilty. Article 20(3) has been derived from the Latin maxim, nemo tenetur prodere accusare seipsum and it implies that no person is under an obligation to accuse himself or be a witness against himself.
11. Right to File Appeal
The CrPC has given proper provisions so that a sentence which has been given by a court may be reviewed by higher court or tribunal. The Sec. 389(1) of the Code provides the requisite powers to the appellate court to suspend the sentence which has been passed by a lower court or in some cases to grant bail to a person who is in confinement on an appeal before the court. In case of a death sentence, there are specific provisions that the decision is to be reviewed by the High Court of the state.
Conclusion
Just because a person has been charged with a particular offence does not automatically mean that the person is guilty of that offence. No court or tribunal has the power to pass any judgment before first hearing the accused and giving him a fair trial. The evidence presented before the court must be the sole criteria for deciding any case. The courts and judges in India give the utmost importance to the ideals of justice, equality and good conscience and thus passing a judgment without properly giving a chance of trial to a person is against the basic principles. The law regards everyone as equals and treats no one as high or low. The fair trial principle is at the very core of all the international covenants and treaties and cannot be parted with under any conditions.
References:
[1] https://www.echr.coe.int/Documents/Guide_Art_6_ENG.pdf
[2] (2006) 3 SCC 374 at 395
[3] 1977 AIR 170, 1977 SCR (1) 439
[4] https://districts.ecourts.gov.in/sites/default/files/1st%20Topic.pdf
[5] (2001) 4 SCC 324
[6] (2011) 2 SCC 703
[7] http://www.legalservicesindia.com/article/1759/Fair-Trial-under-Section-304-of-Crpc.html
[8] (1981) 2 SCC 493
[9] 1998 Cr. LJ 3755
[10] (1970) 3 SCC 926
[11] https://lexinsight.wordpress.com/2019/10/05/concept-of-fair-trial-in-reference-to-crpc/
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